Earnout remedies are not limited to damages. In Fortis Advisors v. Krafton, the Delaware Court of Chancery awarded specific performance to reinstate a target company’s CEO and extend the earnout by the time that elapsed between the CEO’s wrongful, ChatGPT-informed termination and his restoration. The decision also highlights a growing business risk: executives’ direct use of AI tools may not be privileged if it does not involve legal advice from counsel, and AI prompts may become discoverable evidence.
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